Lindsay Lohan is a person who needs a locked up facility, according
to retired Superior Court Judge of Santa Clara, California, Eugene
Hyman. The problem, he believes, is that her lawyer has to be truthful
and present all of the options available to her.

The reality is a
judge could give her the balance of her one year potential term and
because of over-crowding in the jails, she might only serve 7 days. What
her lawyer should do, notes Hyman, is tell her it's in her best
interest to serve 90 days in a treatment facility.

Hyman says that
Lohan is not incompetent from a criminal standpoint but is getting
there civilly. From a criminal standpoint, you have to be to the point
where you don't understand what's going on with respect to the criminal
process and you're unable to assist your advocate, according to Hyman.
He doesn't believe she's at the point where she can't make decisions,
even if she does have issues with comprehension.

If Hyman were the
judge in her case, he would encourage her to go to lock up for 90 days
to get clean and sober and give up her old friends.